Preliminary communication

https://doi.org/10.21464/sp35211

Kafka’s Unspoken Philosophy of Law

Dragan Prole orcid.org/0000-0001-7352-4583 ; University of Novi Sad, Faculty of Philosophy, Dr Zorana Đinđića 2, RS–21000 Novi Sad

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Abstract

In the first part of the paper, the author pays close attention to the fact that in Kafka’s diaries and correspondence, we find a notable absence of his professional life. If we never knew the famous writer was a law expert, we would hardly be able to determine that from his personal writings. There is no mention of his studies of law, professional aspirations, problems or procedural interests related to judicial practice, or difficulties or achievements in the workplace. Surprisingly, within the complex hierarchy of business interactions, the writer occupied a very high position. The performed analysis uncovers an essential, but a barely recognisable feature of Kafka’s works. Above all, they try to alert us that the feudal world is still alive and well, that in the modern times we only see the multiplication of the former sovereigns whose role was to impose the laws onto others but can personally be excused. The works of Rudolf von Jhering, one of the best-known philosophers of the law of the time, and Hans Gross, the famous founder of criminology and Kafka’s professor at Charles University, Prague, were thematised in order to determine the dimensions of the writer’s crucial preoccupation – to deconstruct the social Darwinist theories of the criminal law.

Keywords

Franz Kafka; fictionalisation; law; Hans Gross; Rudolph von Jhering; criminal law

Hrčak ID:

254039

URI

https://hrcak.srce.hr/254039

Publication date:

29.12.2020.

Article data in other languages: croatian german french

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